SCHULTZ & ASSOCIATES LLP 

640 Cepi Drive, Suite A

Chesterfield, MO 63005-1221

(636) 537-4645

Facsimile (636) 537-2599

Unsolicited advertisements are not accepted at (636) 537-2599

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Fax marketing has become big business. The Federal Communications Commission (FCC) has stated that complaints about junk ads are second only to complaints it receives about obscenity. We try in this brief article to include the basic requirements that apply to ALL fax ads or “junk faxes” – whether solicited or unsolicited.

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227, was enacted in 1991. The TCPA was amended in 2005 to govern junk faxes, The Junk Fax Prevention Act (JFPA). The FCC regulations to implement requirements for junk faxes are at 47 C.F.R. § 64.200.

A fax ad may be sent to a customer with “an established business relationship”...

March 24, 2017

If you are an out-of-state party sued in Missouri, one of the first things you should do in deciding how to defend the case is to determine whether to file a motion to dismiss for lack of personal jurisdiction.  If you go ahead and file an answer to the allegations in the petition without challenging personal jurisdiction, you may waive the right to argue the issue later.

Missouri Supreme Court Rule 55.27(a)(2)

Every defense, in law or fact, to a claim in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that several defenses may at the option of...

March 9, 2017

The Telephone Consumer Protection Act is a federal statute enacted in 1991 which allows (with some exceptions) Americans to sue for receiving text messages dialed with an autodialer, or for receiving cell phone calls dialed with a autodialer or featuring a prerecorded voice, or for receiving telephone landline calls at home which feature a prerecorded voice. The TCPA provides for statutory damages of from $500 to $1500 per illegal call.

Now the United States Constitution requires Federal Courts to only consider and adjudicate cases and controversies. United States Constitution Article III Section 2 Clause 1. The Federal Courts have interpreted that Cons...

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